The term "Contract of Online Sale " means the purchase agreement concerning the products of The Supplier (as defined below) between them and the customer (as defined below) under a system of remote sales through telematic instruments, organized by The Supplier (hereinafter the "Agreement").
The term "Purchaser" or "Customer" means a natural person undertaking the consumer purchase, under this contract, for purposes not related to his trade or profession.
The term "Supplier" means the person who executes the sale of goods covered by this Agreement.
The Parties to the Agreement and access to online purchase of the Products
The goods covered by these general conditions of contract (hereinafter the "Products") are sold by NAPKIN S.r.l. with registered office in Italy at Via P.Frisi, 70 - 48124 RAVENNA (RA); VAT id IT02231180395;
The operating address is the same.
The purchaser (hereinafter also the "Customer") hereby expressly makes the purchase for purposes outside his trade, business or profession.
Access to the service on-line purchase of the Products is allowed only to adults with a customer identification code and a keyword (below in "Password").
The customer is expressly forbidden to enter false and/or fanciful details in the registration process required to activate the procedure of execution of this Agreement and the subsequent communications; personal data transmitted by Customer must pay their real personal data and not some other person or fantasy.
It is severely forbidden to make multiple registrations of the same person or enter data of third persons. The Supplier reserves the right to prosecute any violation or abuse, and consumer protection. The Supplier disclaims any liability arising from the customer of tax records incorrect because of errors in the data supplied by the customer, being the Client is solely responsible for the correct entry.
The customer is required to take all necessary steps to ensure the password is kept in strict confidence and take responsibility for any damage caused to The Supplier and/or third parties caused by the failure to observe those obligations of confidentiality.
It is understood that The Supplier cannot be held in any case liable to the Client and/or third parties for unauthorized use of your password and, in general, the service purchase online via the Web Site (as defined below) by unauthorized third parties.
2. Scope and execution of the Contract
With this Agreement, The Supplier sells, to who buys from a distance through telematic instruments, only those products listed and offered for sale on store.napkin.it websites (hereinafter the "Website").
The contract between the customer and The Supplier concludes exclusively through the Internet by accessing the Customer at the addresses of this Websites, where, following the procedures outlined in the appropriate area for registration, the customer will arrive later to formalize the proposal for purchase products offered for sale via the Web Site.
The purchase agreement is concluded by order from the customer by completing and sending the online order form to purchase the product, which will be displayed in the order summary page, printable, which shows the details of the customer and purchase order, the price of products purchased and the shipping costs, methods and terms of payment, the address where the product will be delivered. The moment The Supplier will receive the purchase order from the customer, will send an e-mail confirmation and/or viewing a web page confirmation and summary of the purchase order, print, in which will contain the data entered by the customer in the order form. The Contract shall be deemed perfected and effective between the parties only with the order and the issuance of the receipt bill by The Supplier, having the opportunity, until that time to reject the order.
The sales invoice will be issued by The Supplier on paper and inserted inside the package containing the products ordered.
3. Payment and refunds
The Supplier accepts payment for products ordered through major credit cards (Visa Mastercard circuits), bank transfer, Pay Pal, Sofort.
Credit card details are managed directly from lenders and/or finance companies, specialized in handling payments online. The information is encrypted by using encryption systems that prevent the use by third parties and are sent directly to the bank. In case of problems were encountered and/or irregularities in the process of purchasing electronic products made by credit card, The Supplier will carry out checks (such as but not limited to: verification of ownership of credit card and/or Control about possible misuse of the card etc. ..). After such verification, if irregularities are detected, The Supplier will not proceed with the order.
If the right circumstances, a refund will be made to the customer by transfer of credit card payment, within 14 days. The Supplier from the date on which it became aware.
4. Timing and mode of delivery of products
The Supplier will deliver the Products ordered through courier arrangement. The times of the order can vary from 1 to a maximum of 15 working days from execution of order and receipt of payment for the goods, within which the receipt will be issued by The Supplier and accordingly accepted the order . In the event that The Supplier is unable to make the shipment of products ordered within that period shall be given prompt notice by e-mail and/or telephone communication to the customer, stating the period within which it will follow the order. It is understood that delivery times may vary depending on the country of destination and other factors.
5. Shipping and Delivery of Products
The Supplier sends the formula with DDP (Delivery Duty Paid) in EC countries, so in these destinations, the products ordered will arrive directly at the place of delivery specified in the request from the customer order, without them having to pay additional amounts with respect to what is already paid at the time of formulation of the order. For all other countries, the formula used is DDU (Delivery Duty Unpaid), so the courier may present to the customer upon delivery of the Products, with a separate bill which requires the payment of duties and taxes charged by local authorities. For more information about shipping costs, duties and customs fees, please refer to the section of the website specifically dedicated to shipments of products.
6. Insurance and liability arising from the transport
The Supplier ensures the products against theft and accidental damage from delivery to the carrier until the moment they arrive at their destination to the customer.
In any case it is understood that The Supplier is not liable for any delay in the order or delivery of products due to the carrier and any damage caused to goods during transportation. The Supplier will provide ideas to entrust goods to the carrier and integrates perfectly corresponding to the order requested.
Upon delivery of the Products by the courier, the customer must check:
-that the number of products delivered is as specified in the order confirmation sent by e-mail prior to shipment and on the delivery of the carrier;
-that the product or packaging is not damaged or wet or altered;
In case of any issue, the Customer should not accept the goods and should raise a dispute directly to the courier, specifically indicating such differences found. In the absence of such declaration, the customer cannot raise further claims about damages derived from the transportation.
7. Prices of Products
All sales prices of products displayed and indicated on the website are in Euros (€) and constitute a public offer pursuant to Art. 1336 c.c., they include VAT and other taxes as regards the delivery within the territory of an EU country. For deliveries to countries outside the EC, as specified in paragraph 6, the carrier may require the Customer additional amounts for taxes and local duties. Shipping costs will be calculated and shown in the procedure of purchase of the Products prior to the order by the customer and also contained in the web page summary of your order. The prices at each of the products being offered are valid until you submit the purchase order and listed in the order summary page. It is understood that the prices of products may be altered unilaterally at any time by The Supplier, provided that it will be binding between The Supplier and the price of the products indicated on the web page summary of your order from the customer.
8. Availability of Products
The Supplier provides through the online system used, the processing and fulfillment of purchase of the Products. If a purchase exceeds the amount of existing products in stock, The Supplier, via e-mail and/or telephone communication, shall disclose to the customer if the product is no longer available or what the waiting time to obtain the product chosen, asking, in case, if the customer wishes to confirm the order or not. The computer system of The Supplier, as soon as possible, confirm the registration of the purchase order by sending the customer a confirmation e-mail, which has no legal obligation, it is a simple summary.
9. Limitation of liability of The Supplier
The Supplier does not assume any responsibility in case it fails to execute the order within the time permitted by this Agreement for service disruptions due to unforeseeable circumstances or force majeure. The Supplier shall not be liable to the customer, except in cases of willful misconduct or gross negligence, for outages or malfunctions associated with the use of the Web Site, beyond the control of The Supplier of its employees and/or its sub-contractors, outside by the reasonable foresee ability and which cannot be overcome without caution than those of average ability. In any case excluded any right of Customer to damages or compensation, and any contract or tort liability for any direct or indirect personal and/or property, caused by the rejection, even partial, of an order by The Supplier. The provider assumes no liability for any fraudulent or illegal use that may be made by third parties, the credit card used to pay for the products purchased, if it proves to have taken all reasonable care possible at the time and according to ordinary care.
10. Liability of defective products, proof of damage and damages payable
The Supplier cannot be held liable for any direct and/or indirect, contractual and/or tort suffered by the customer arising from defects and/or defects if the product was defective and/or the defect is due to compliance of the product, a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer has marketed the product, not even allowed to consider the product as defective and/or spoiled. It is agreed that no compensation is due if the customer is aware of the defect and/or defect in the product of the danger entailed by it and yet there has voluntarily exposed. In any case, the customer has the burden of proving the defect and/or defect in the product purchased, the damage and the causal relationship between defect and damage. The customer is aware that the Products ordered are described and photo-reproduced on the Websites, therefore some slightly differences and dystonia of the normal color of the products could occur.
11. Warranties and repairs
The Supplier is liable for any defect and/or identified shortcoming of the product, provided that such defect is reported by means of email communication at email@example.com or through The Websites specific online form or by mail message directed to NAPKIN S.r.l. Via P.Frisi 70 – 48124 Ravenna (RA) – Italy. The complaint is not required if the Seller has acknowledged the existence of the defect and/or defect or has concealed.
The Supplier reserves the right to require Customer photographic reproductions of allegedly defective products and/or spoiled before allowing returns and/or changes. In the event that the Products are defective and/or spoiled The Supplier shall bear the cost of transport necessary to bring back the products in his warehouse. We do not accept exchanges or returns of products that have been tampered with, worn, washed or otherwise used (even partially) or altered by the customer. The customer shall take steps to ensure the transportation of the goods returned for exchange at The Supplier warehouse. In the event of theft or loss of returned products, which occurred during transit to The Supplier, the goods will not be refunded.
It is agreed that The Supplier will not accept returns of products tailored or personalized.
The service will also provide Customer Service to the Customer: (x) all necessary assistance for solving problems relating to any claims and/or customer complaints; (y) any assistance during the online purchase of Products.
12. Obligations of the Customer
Once the process of online purchasing is terminated, the customer agrees to print and keep the present general sales conditions and specifications of the product being purchased.
The customer agrees to pay the price of the product was purchased within the time and ways specified in the Contract.
13. Right of Withdrawal
The customer has the right to terminate the Agreement, due to Legislative Decree 21/02/2014 n. 21 within 14 (fourteen) days from the day the order is sent off. In the event that the customer intends to use the right of withdrawal, he should notify The Supplier via the contact form dedicated in The Websites. The customer then have to return the product in its intact original packaging, not used or worn to The Supplier.
The Customer acknowledges that the right of return cannot be exercised in relation to Products that were ordered specially tailored and/or customized by the customer.
Furthermore the Customer acknowledges that the right of return cannot be exercised in relation to disposable products that have been used or altered even partially or with opened packaging.
The only cost due by the customer, to exercise the right of withdrawal under this Article, is the return transport cost.
It is understood that in case of withdrawal, The Supplier is not liable for lost or stolen products occurred during the transportation of goods to The Supplier.
In case of exercising the right of cancellation by the Customer, The Supplier will refund the price of the product, within 14 days of receipt of the cancellation notice within that period provided that the goods have been returned in the condition with the methods described in this article. The customer must ship the goods delivered to the following address:
via P.Frisi 70
48124 Ravenna (RA)
14. Exchange of Products
The customer who wishes to change the size or color of the product needs to follow the return procedure and place a new order.
15. Privacy and Confidentiality of Personal Information in the customer
The Supplier protects the privacy of its customers and ensures that the data processing is performed in compliance with the privacy legislation referred to European Regulation 679/2016 of May 4th 2016. The customer is informed of the different types of consent to the use of your personal information, which may issue on a voluntary basis and so subject to revocation, by reviewing the section in the Web site specifically dedicated to that end.
16. Method of Filing of Agreement
The Supplier informs the customer that any order sent in digital form is stored on the server that hosts The Websites according to criteria of confidentiality and security.
17. Communications and Complaints
Direct written communications to The Supplier and complaints will be considered valid only if sent to: NAPKIN S.r.l. - Via P.Frisi, 70 - 48124 Ravenna – ITALY or sent via e-mail address to firstname.lastname@example.org.
It is understood that all communications of the Customer (including, but not limited to: requests, suggestions, ideas, information, materials, etc. ..) that were sent to The Supplier email (including electronic form) shall not be considered confidential information.
The aforesaid notices may not contain content that violate, directly or indirectly to the applicable laws (including a regulatory nature) of the Italian State or any other state and cannot in all cases: (i) infringe rights of third parties, (ii) contain information detrimental to the rights of third parties and/or untrue, it being understood that as of now no responsibility can be attributed to The Supplier for the content, legality, nature, quality and accuracy of the information entered in any such communication from the customer.
18. Jurisdiction and Applicable Law
Under Article. 63 of Lgs. Decree September 6, 2005, n. 206, all disputes issued by Italian customers, concerning the validity, interpretation, performance, effectiveness of this Agreement shall be resolved before the court at the place of residence or domicile of the customer.
For all other customers outside Italy, the Court is the Court of Bologna – Italy.
This Agreement is governed by Italian law.
19. Effectiveness of Agreement
The confirmation of the purchase of products for the customer implies acceptance of these general conditions of contract. These general conditions of contract will be updated and/or modified unilaterally by The Supplier and will be valid from the date of publication on the Web Site.